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Small claims forms · New York

New York small claims court forms

Vera can't fill New York's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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To sue (you're the plaintiff)

  • There is no claim form to fill: you tell the clerk your claim and the clerk will "reduce the same to a concise, written form" (NYC Civil Court Act 1803(a); Uniform City, District and Justice Court Acts 1803(a)).
  • Dollar limits: $10,000 in NYC Civil Court; $5,000 in City Courts and in the District Courts (Nassau and Suffolk); $3,000 in Town and Village Justice Courts (Civil Court Act 1801; Uniform City Court Act 1801; Uniform District Court Act 1801; Uniform Justice Court Act 1801).
  • File where the defendant lives, works or has a business office, or, for a tenant's claim about the rental, where the property is (NYC: within the city; City and District Courts: the county or district; Justice Courts: the town or village) (Civil Court Act 1801; Uniform City, District and Justice Court Acts 1801).
  • Corporations, partnerships, associations and assignees may not sue in small claims (Civil Court Act 1809(1)); a corporation, partnership or association with its principal office in New York uses the commercial claims part instead (Civil Court Act 1801-A).
  • Filing fee: $15 for claims of $1,000 or less and $20 above that in NYC Civil, City and District Courts; $10 and $15 in Town and Village Justice Courts. The clerk mails the notice to the defendant by first class and certified mail; you do not serve it (Civil Court Act 1803(a); Uniform Justice Court Act 1803(a)).
  • If the claim is for a residential security deposit: the landlord must return it with an itemized statement within 14 days after you move out or forfeits the right to keep any of it, and a willful violation allows punitive damages of up to twice the deposit (General Obligations Law 7-108(1-a)(e),(g)).

If you were sued (you're the defendant)

  • You do not file a written answer: the claim is heard at the hearing date on the notice, so appear on that date (Civil Court Act 1803(a), 1804).
  • The clerk mails the notice by first class and certified mail; if the first class mailing is not returned within 21 days you are presumed to have received it (Civil Court Act 1803(a); Uniform City, District and Justice Court Acts 1803(a)).
  • To counterclaim, file a statement with the clerk within 5 days of receiving the notice and pay $5 plus mailing costs; if you file later, the claimant may ask to adjourn the hearing (Civil Court Act 1803(c); Uniform City Court Act 1803(c)).
  • A corporation may defend through an attorney or "any authorized officer, director or employee", who may bind it in a settlement or trial (Civil Court Act 1809(2); Uniform City, District and Justice Court Acts 1809(2)).
  • The hearing is informal; an itemized paid bill or two itemized estimates are admissible as evidence of the reasonable value of services or repairs (Civil Court Act 1804).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.